ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . This matter is before the Court on Defendant Bennett's Motion to Dismiss and the State Defendants' Motion for Clarification or, in the Alternative, for Extension of Discovery. Docs. 66, 81. Defendant Bennett makes this Motion through special appearance and without subjecting herself to the personal jurisdiction of the Court. For the reasons that follow, I RECOMMEND the Court DENY Defendant...
ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . This matter is before the Court on Defendant Oge's Motion for Summary Judgment, doc. 40, to which Plaintiff responded, doc. 42, and Defendant replied. Doc. 44. For the following reasons, I RECOMMEND the Court GRANT Defendant's Motion for Summary Judgment, DISMISS with prejudice Plaintiff's Complaint, and DENY as moot the remaining portions of Defendant's Motion. I also RECOMMEND the...
ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . Petitioner Mocktar Tairou ("Tairou"), who was housed at the Folkston Immigration and Customs Enforcement ("ICE") Processing Center in Folkston, Georgia, filed a 28 U.S.C. 2241 Petition for Writ of Habeas Corpus. Doc. 1. Respondent filed a Motion to Dismiss, and Tairou filed a Response. Docs. 22, 29. For the reasons which follow, I RECOMMEND the Court GRANT Respondent's Motion to Dismiss,...
ORDER WILLIAM T. MOORE, JR. , District Judge . On March 25, 2019, Defendant Samuels petitioned the Court to reduce his sentence pursuant to the revised good-time credit provisions found within the First Step Act of 2018 (Doc. 44). The Government responded in opposition to Defendant's motion, primarily because the provision altering the method for calculating good-time credit had not yet become effective. On July 19, 2019, Defendant was released from the custody of the Bureau of Prisons...
ORDER AND MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BENJAMIN W. CHEESBRO , Magistrate Judge . Defendant Alvaro Hernandez ("Mr. Hernandez") has been indicted and charged with one count of Attempted Coercion and Enticement in violation of 18.U.S.C. 2422(b). Doc. 1. Before the Court are two motions in limine filed by the Government, docs. 34 and 35. For the reasons that follow, I RECOMMEND that the Court GRANT the Government's Motions, docs. 34 and 35. I. Motion in Limine Regarding...
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION BRIAN K. EPPS , Magistrate Judge . Defendant seeks suppression of drug and firearm evidence obtained during a traffic stop on April 27, 2019. After careful consideration of the legal briefs and evidence presented at the hearing on November 1, 2019, the Court REPORTS and RECOMMENDS Defendant's motion to suppress, (doc. no. 17), be GRANTED because the officer prolonged the stop to investigate unrelated crimes without reasonable suspicion. I....
RULE 26 INSTRUCTION ORDER R. STAN BAKER , District Judge . The above captioned case having recently been filed in this Court, the Court issues the following Order to provide instructions to the parties regarding their initial discovery obligations and to institute initial case management proceedings. I. Rule 26(f) Conference Federal Rule of Civil Procedure 26(f) requires the parties to confer, develop a proposed discovery plan, and submit a report to this Court. Subsequent to the filing...
ORDER CHRISTOPHER L. RAY , Magistrate Judge . Before the Court defendant Michael William's Motion for Appearance Bond. Doc. 33. While Mr. Williams has filed his motion pro se he is represented by counsel. In this Court, "[a] party represented by counsel may not file any motion, brief, or other paper pro se absent prior leave of court." S.D. Ga. L.R. 11.3. "In a criminal case, a defendant represented by counsel may file pro se a motion for the appointment of new counsel or a motion...
ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is Defendant Vernon Dowlings's Motion for Reconsideration (Doc. 122), to which the Government has responded in opposition (Doc. 123). In the motion, Defendant seeks reconsideration of this Court's order (Doc. 121) denying his motion for compassionate release (Doc. 119). After carefully reviewing Defendant's motion and the record in this case, the Court can find no reason to disturb its prior order. Defendant still has not...
ORDER BRIAN K. EPPS , Magistrate Judge . Defendant moves to stay all discovery pending resolution of its motion to dismiss. (Doc. no. 42.) Should any portion of the case remain after the presiding District Judge's ruling on the motion to dismiss, Defendant also moves to stay discovery related to "putative class members" pending resolution of Plaintiff's motion for conditional certification of a class action. ( Id. at 8-11.) On November 22, 2019, Chief United States District Judge J....
ORDER BRIAN K. EPPS , Magistrate Judge . Defendants Augusta Richmond County and Hardie Davis filed a Motion to Dismiss Plaintiff's Amended Complaint on May 1, 2019, (doc. no. 86), and requested a stay of discovery pending the Court's ruling, which the Court granted, (doc. nos. 95, 96). The Court instructed the remaining parties to "confer and submit a second joint Rule 26(f) Report, with proposed case deadlines, within seven days" of the resolution of the motion to dismiss. ( Id. ) On...
ORDER FOR PRODUCTION OF DOCUMENTS AND INFORMATION DUDLEY H. BOWEN , District Judge . On December 18, 2019, Defendant Jonathan Seay, through counsel, filed his motion to dismiss the above indictment. The thrust of the motion is prosecutorial misconduct. On December 20, 2019, the United States Attorney, through Assistant United States Attorney Tara Lyons, filed the government's response to the aforementioned motion. The thrust of the government's response lies to the effect that details...
ORDER CHRISTOPHER L. RAY , Magistrate Judge . Before the Court is Defendants' Motion to Stay Certain Pre-Trial Deadlines; specifically, those deadlines for the: (1) exchange of initial disclosures, (2) participation in a Rule 26(f) conference, and (3) filing of a Joint Report and Discovery Plan. Doc. 15. The Court is aware that the deadline for conducting a Rule 26(f) conference was December 16, 2019— four days prior to defendants' motion—and that, accordingly, the Joint Report and...
ORDER CHRISTOPHER L. RAY , Magistrate Judge . The Application for Leave of Absence filed by Daniel J. O'Connor, counsel for Defendant James Nuel Crouse , having been considered, good cause being shown, and there being no opposition thereto, the Application for Leave of Absence for January 9-10, 2020; January 30-31, 2020; February 14, 2020; March 5-6, 2020; March 20, 2020; April 24-25, 2020; April 30-May 1, 2020; and June 11-12, 2020, is GRANTED.
ORDER CHRISTOPHER L. RAY , Magistrate Judge . This matter is before the Court on the Motion for Leave of Absence by Steven H. Lee, counsel for Plaintiff, from December 29, 2019 through January 1, 2020. After careful consideration, said Motion is GRANTED, however, the attorney must make arrangements for other counsel in the event the case is scheduled for hearing or trial during such leave. SO ORDERED.
ORDER TO SEAL CHRISTOPHER L. RAY , Magistrate Judge . Upon motion of the United States, it is ORDERED that the Government's Amended Notice of Intent to Offer Evidence of Other Acts by Defendant Pursuant to Federal Rules of Evidence 413, 414, 404(b) and SDGA Local Criminal Rule 16.2 and Government's Response in Opposition to Defendant's Response to Government's Notice, be sealed until further Order of the Court, excepting only such disclosures as necessary to effect service of process.
ORDER CHRISTOPHER L. RAY , Magistrate Judge . Upon consideration of the Motion for Leave of Absence filed by counsel for Levi Oury in the above-referenced case for March 4, 2020 through and including March 6, 2020, the same is hereby GGRANTED. It is so ORDERED.
ORDER J. RANDAL HALL , Chief District Judge . Before the Court is Plaintiffs' Verified Petition to Approve Settlement as to Defendants Augusta Hospital, Augusta Physician [] Services, and Venkatesan Gorantla, 1 Attorney-Client Contract, and Disbursement of Settlement Funds, and Motion to Seal Court Files. 2 (Doc. 222.) Because Plaintiff C.W. is a minor, the Court must approve the settlement agreement and payment of counsel fees and other expenses out of the settlement fund. LR 17.1, SDGa....
ORDER WILLIAM T. MOORE, JR. , District Judge . Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 2), to which no objections have been filed. 1 After careful consideration and review of the record, the report and recommendation (Doc. 2) is ADOPTED as the Court's opinion in this case. Accordingly, Movant's unauthorized successive 2255 motion is DISMISSED. As a result, Movant's subsequent Motion to Appoint Counsel (Doc. 3) is DISMISSED AS MOOT. In addition....
ORDER DUDLEY H. BOWEN, JR. , District Judge . Upon consideration of the Motion for Leave of Absence filed by the United States of America in the above-cited cases on behalf of Assistant United States Attorney Patricia G. Rhodes for the dates of January 27, 2020 through January 31, 2020 to travel out of the country for work purposes and February 18, 2020 through February 21, 2020 for a vacation out of state; same is hereby GRANTED.
